Laura Sharman 29 October 2014

‘Unlawful’ ruling could impact future consultations warn lawyers

Lawyers are warning that local authorities must ensure local people are properly consulted when making cuts or service changes, following a Supreme Court ruling.

A Supreme Court has ruled that Haringey Council’s consultation on its proposed council tax scheme was ‘misleading’ as it implied the council had no alternative but to make the poorest residents pay council tax for the first time.

Michelle Moseley, a single mother of four, challenged the consultation by arguing it didn’t provide enough information for people to make an informed response to the proposed changes.

The Supreme Court has now ruled the consultation was ‘unlawful’ as it ‘misleadingly’ implied that there were no possible alternatives.

Law firm Irwin Mitchell, who represented Ms Moseley, said this is the first time the Supreme Court has ruled on issues relating to consultations, and warned it could impact on anything from cuts to services or care home closures.

Alex Rook, a specialist health and welfare lawyer at Irwin Mitchell, said: ‘Today’s ruling will send a very clear message to all local authorities that they need to ensure that their consultations present the options in an accurate way and truly involve local people in the decision making process.

‘Following today’s judgment local authorities and other public bodies should be in no doubt that they cannot hide away from the true reasoning behind their decisions, and will be required to give the public more information about the possible options and the reason why they favour their proposal. The case is a good example of where judicial review and legal aid have been used positively to hold local councils to account.’

A Haringey Council spokesperson said: 'We accept the court’s judgment and will now consider its findings.'

Banning urban pesticide use image

Banning urban pesticide use

RSPB and PAN are working on a letter from local councillors calling on the Government to introduce a national ban on urban pesticide use. Find out more below.
SIGN UP
For your free daily news bulletin
Highways jobs

Social Worker

West Northamptonshire Council
£36,734 to £39,278
We are looking for Social Workers who enjoy working in a fast-paced environment and who are passionate about promoting independence and who share the vision of ‘Home First’ and reablement, to ensure people have choice and control over their own lives Northampton
Recuriter: West Northamptonshire Council

Head of Transport Strategy & Road Safety

Warwickshire County Council
£76,594 - £84,443 per annum
We have a unique opportunity for you to shape, influence and create a better future for Warwickshire Warwickshire
Recuriter: Warwickshire County Council

Development Engineer

London Borough of Bexley
£34,476 - £39,777 per annum
The team requires someone who can inspect, measure and monitor highway works Bexley (London Borough), London (Greater)
Recuriter: London Borough of Bexley

Highway Asset and Development Manager

Bolton Council
Grade N Scp 50 £59,031 to Scp 53 £62,076, plus car allowance
To be responsible for leading, developing and delivering an effective, efficient and safe Highway Asset Management Service Bolton, Greater Manchester
Recuriter: Bolton Council

Bridge Engineer

Somerset Council
£34,834 to £39,186
We welcome applications from a diverse range of backgrounds and experiences to enrich our team. Taunton
Recuriter: Somerset Council
Linkedin Banner

Partner Content

Circular highways is a necessity not an aspiration – and it’s within our grasp

Shell is helping power the journey towards a circular paving industry with Shell Bitumen LT R, a new product for roads that uses plastics destined for landfill as part of the additives to make the bitumen.

Support from Effective Energy Group for Local Authorities to Deliver £430m Sustainable Warmth Funded Energy Efficiency Projects

Effective Energy Group is now offering its support to the 40 Local Authorities who have received a share of the £430m to deliver their projects on the ground by surveying properties and installing measures.

Pay.UK – the next step in Bacs’ evolution

Dougie Belmore explains how one of the main interfaces between you and Bacs is about to change.